In a
short article published in 1985, Dr. Roger Ekirch examines the role of
transportation in the Scottish criminal justice system. He estimated that
nearly 700 people (excluding political prisoners) were transported between 1718
and 1775.
Until
1747, heritable jurisdictions still existed in the Highlands with the power to
banish criminals. Unfortunately, a handful of landlords declared their tenants
criminals in attempts to evict them. Outside the highlands and everywhere after
1747, transportation was only for the most serious crimes (e.g. murder,
horse-theft, kidnapping) and these cases were decided by the High Court of
Justiciary based in Edinburgh.
Individuals
with cases coming before the High Court could petition for banishment and
indeed most of those exiled from Scotland in this period were petitioners. The catch was that these individuals had to
arrange for their own passage to the Colonies and had to remain in jail until
they could do so. This process was easier said than done, even for the wealthy.
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Ekirch,
A. Roger. “The Transportation of Scottish Criminals to America during the
Eighteenth Century” The Journal of
British Studies, Vol. 24, No. 3 (Jul., 1985), 366-374. Access the first page of the article here; see if you local library has a JSTOR subscription so you can read the rest of the article.
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